Despite advancements in medical technology, preventable birth injuries still occur due to healthcare professionals deviating from established standards of care. If your child has suffered a birth injury, knowing how to choose the proper legal support is crucial for seeking compensation. Today’s guide offers insights into finding the right attorney for your child’s case and your family’s needs.

Key Factors to Evaluate Before Selecting a Birth Injury Attorney

  • Specialization in Medical Malpractice

Just as doctors specialize, it’s crucial to find attorneys specializing in birth injury cases to ensure expertise in your needs.

  • Success Rate in Similar Cases

Verify that the attorney has a successful history in handling birth injury cases.

  • Experience in Medical Malpractice

More courtroom experience means better familiarity with laws, procedures, and potential networks that can benefit your case.

  • Pretrial Settlement Success

A higher settlement rate indicates negotiation skills are crucial for avoiding lengthy trials.

  • Trial Experience

Knowing their trial experience is vital, as it assures the ability to advocate effectively.

  • Caseload Management

Ensuring your case receives attention is crucial, so understanding their caseload and support staff is essential.

  • Professional Recognition

Recognized attorneys often have valuable networks and expertise that benefit your case.

  • Cost Structure

Hiring a top-notch birth injury attorney shouldn’t require any upfront costs as the experts work on a contingency fee plan. This arrangement means the lawyer will manage your case and cover all associated expenses, only taking a percentage of the settlement or award if they win. If they don’t secure a victory, you owe nothing. Depending on the state, the contingency fee typically ranges from 33% to 40%.

How a Birth Injury Lawyer Can Assist Your Family

After you hire a birth injury lawyer, they will start by investigating your claim to determine if there is sufficient evidence of medical negligence to proceed with a lawsuit. This involves collecting all medical records of birth and prenatal care from the hospital and all treating physicians. 

The lawyer will then review these records to find evidence supporting medical negligence. They will enlist expert witnesses, typically other doctors such as OB/GYNs, to review the details and provide formal opinions. If the experts confirm that malpractice occurred, the lawyer will file the birth injury lawsuit against the appropriate defendants, which usually includes the doctor, nurse, and hospital involved in the delivery.


Birth injury cases are more complex and costly than typical personal injury claims. It’s advisable to gain legal advice from an attorney who can navigate the intricacies involved, establish standards of care, prove deviations, and link negligence to the child’s injury.

By Manali